[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett
Harbor 7-26-1956 as Ord. No. 48.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 17.
Environmental quality review — See Ch. 45.
Freshwater wetlands — See Ch. 65.
Development of hazardous lands — See Ch. 75.
Subdivision of land — See Ch. 129.
Zoning — See Ch. 145.
[1]
Editor's Note: Ordinance No. 48 was amended 1-9-1958 by Ord.
No. 55, which renumbered the sections of Ord. No. 48.
The Board of Trustees finds that excessive similarity or general inappropriateness
of design in the exterior appearance of residential buildings erected in a
residential district adversely affects the desirability of the immediate area
and neighboring areas for residential purposes and by so doing impairs the
benefits of occupancy of existing residential property in such areas, impairs
the stability and value of both improved and unimproved real property in such
areas, prevents the most appropriate development of such areas, produces degeneration
of residential property in such areas, with attendant deterioration of conditions
affecting the health, safety and welfare of the inhabitants thereof, and destroys
a proper relationship between the taxable value of real property in such areas
and the cost of municipal services provided therefor. It is the purpose of
this chapter to prevent these and other harmful effects of such exterior appearance
of buildings erected in residential neighborhoods and thus to promote and
protect the health, safety and general welfare of the community.
[Added 8-10-1995 by L.L. No. 3-1995;
amended 2-8-1996 by L.L. No. 3-1996]
As used in this chapter, the following terms shall have the meanings
indicated:
A new residence.
A new accessory structure, including but not limited to garages, boathouses,
playhouses, pool cabanas, tool sheds, pagodas and all fences and walls in
front yards.
Any alteration or addition to an existing residence or accessory structure
where there is a change in the exterior appearance of such structure and the
reasonable cost of the proposed construction exceeds the sum of $25,000.
A.
There is hereby created a Board of Building Design, consisting
of five members who shall serve without compensation.
B.
All members of said Board shall be residents of the Village
of Hewlett Harbor throughout their term of office.
C.
The members of said Board and the Chairman thereof shall
be appointed by the Board of Trustees.
D.
The Board of Trustees may appoint up to two alternate
members to the Board of Building Design for a term of one year.
[Added 2-9-2006 by L.L. No. 3-2006]
E.
The Chairperson of the Board of Building Design may designate
the alternate member to substitute for a member when such member is unable
to participate on an application or matter before the Board. If two alternate
members are appointed, the Chairperson shall rotate the designation of alternate
members (unless one of the alternate members is absent or unable to participate
on an application or matter before the Board). When so designated the alternate
members shall possess all the powers and responsibilities of such member of
the Board. Such designation shall be entered into the minutes of the initial
Board of Building Design meeting at which the substitution is made.
[Added 2-9-2006 by L.L. No. 3-2006]
F.
All provisions of state law relating to Board of Building
Design members' eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of a local
law or local ordinance relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
[Added 2-9-2006 by L.L. No. 3-2006]
G.
Use of alternate members is hereby authorized for, but
not limited to situations when members are ill, members on extended vacation,
or members who have a conflict of interest on a specified matter before the
Board.
[Added 2-9-2006 by L.L. No. 3-2006]
The members of the Board of Building Design shall serve for a term of
one year, except that the members first appointed shall serve until the first
Monday in April 1957.
A.
The Board shall appoint from its members an Acting Chairman,
who shall act during the absence or inability of the Chairman. The Board shall
also appoint a Secretary, who need not be a member of the Board.
B.
A majority of said Board shall constitute a quorum.
C.
Meetings of the Board need not be public unless the Board
so determines.
D.
Notice of meetings shall be given by the Secretary in
the same manner as provided by the Village Law for meetings of the Board of
Trustees.
E.
Minutes of all meetings and proceedings of the Board
shall be taken and recorded by the Secretary. Such minutes need not be verbatim,
but shall state the substance of the proceedings. In case of the absence of
the Secretary at any meeting, the Board may appoint a Secretary pro tem, who
shall take and record the minutes of the meeting for which he was appointed.
F.
The minute book shall be kept on file in the Village
office of the Village of Hewlett Harbor and shall be open to public inspection
during regular business hours.
G.
The Board may adopt rules of procedure.
[Amended 11-11-1965 by Ord. No. 86; 8-10-1995
by L.L. No. 3-1995; 9-9-2004 by L.L.
No. 5-2004]
Every application for a building permit for the alteration or addition
to a building, as defined in this article, and any application for a building
permit for and/or involving any grade change, shall be referred by the Building
Inspector to the Chairman of the Board of Building Design, provided that such
application conforms to all applicable laws and regulations of the Village.
Upon receipt of such application, the Chairman or Secretary shall arrange
for a meeting of said Board, as soon thereafter as convenient, to consider
such application, and the Secretary shall give notice of such meeting in the
manner hereinbefore provided.
If any residential building for which a building permit is sought is
one of a group of six or more residential buildings proposed to be constructed
in the same vicinity, none of which buildings is to be situated at a distance
of more than 200 feet from some other building of the group, whether or not
such buildings are to be constructed on contiguous plots and whether or not
the permits for the other buildings of the group are applied for by the same
applicant, said application shall be accompanied by a plan of building development
for the entire group, clearly setting forth the entire site layout and the
design of the exterior appearance of all the proposed buildings of the group.
The Board of Building Design shall disapprove any application for a building permit so referred to it if the Board finds and determines by the concurring vote of at least three of its members that the building for which the permit is sought would, if erected, be so detrimental to the character, property values or development of the surrounding property or of the Village as a whole, by reason of excessive similarity or general inappropriateness in the exterior appearance or other aspects, as to produce one or more of the harmful effects set forth in § 21-1. The Board by a majority vote of the members present may disapprove any application where the provisions of § 21-7 have not been complied with. In disapproving any application for a building permit, the Board of Building Design may specify modifications in the design of the building which the Board finds will, in the opinion of the Board, be adequate to render the same acceptable.
Such disapproval shall be given within 30 days after the date when such
application was submitted to the Board by the Building Inspector, and if such
disapproval is not given within said period of time, the application shall
be deemed approved.
The Building Inspector shall not issue or approve the issuance of a
building permit upon such application until the expiration of said period
of 30 days unless such application has been approved by the Board and shall
not approve the issuance of any building permit for which the application
has been disapproved by the Board of Building Design unless the plans for
such building have been amended to include the modifications in design that
the Board may have specified as adequate to render such design acceptable.
Any person aggrieved by an action of the Board of Building Design may
appeal therefrom to the Board of Trustees within 15 days after such determination,
and the Board of Trustees may reverse, modify or affirm the action of the
Board of Building Design and, upon such appeal, may exercise all of the powers
herein conferred upon the Board of Building Design.
The powers intended to be exercised by this chapter are those conferred
upon the Board of Trustees by Village Law § 4-412 and by Article
7 thereof and by any other statute which may be applicable.
